[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Proposed Rules]
[Pages 75011-75013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29255]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0897; Airspace Docket No. 08-AWP-9]
RIN 2120-AA66


Proposed Amendment of Class E Airspace; Guam Island, GU and 
Saipan Island, CQ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to remove, rename and expand the Class E 
airspace areas serving Guam International Airport, Anderson AFB and 
Saipan Island. Additionally, this proposed action would revoke the 
Saipan Island Class E surface area since it is no longer required, and 
expand other controlled airspace areas to protect aircraft conducting 
instrument approaches to Saipan International Airport. The FAA is 
proposing these actions to enhance the safety and management of 
aircraft operations in the vicinity of the Northern Mariana Islands.

DATES: Comments must be received on or before January 26, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2008-
0897 and Airspace Docket No. 08-AWP-9 at the beginning of your 
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group, 
Office of System Operations Airspace and AIM, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

[[Page 75012]]

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments, as 
they may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2008-0897 and Airspace Docket No. 08-AWP-9) and be submitted in 
triplicate to the Docket Management Facility (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2008-0897 and Airspace Docket No. 08-AWP-9.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person in the Dockets 
Office (see ADDRESSES section for address and phone number) between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An 
informal docket may also be examined during normal business hours at 
the Northwest Mountain Regional Office of the Federal Aviation 
Administration, Air Traffic Organization, Western Service Area, System 
Support Group, 1601 Lind Avenue, SW., Renton, WA 98057.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Background

    During an airspace review conducted by Guam ARTCC personnel, it was 
determined that the Class E airspace descriptions were outdated and 
required revision to contain current instrument operations within 
controlled airspace.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 to amend Class E airspace at Guam, and 
Saipan Islands. This proposed action would remove the Saipan Island 
Class E surface area airspace since it is no longer required for 
operations and expand other controlled airspace for the safety of 
aircraft conducting instrument approaches to Saipan International 
Airport. In addition, this action would remove, rename and expand the 
Class E airspace areas serving Guam International Airport, and Anderson 
AFB, and rename the Guam Island Class E airspace to the Northern 
Mariana Islands Class E airspace. Controlled airspace is necessary to 
accommodate Instrument Flight Rules aircraft operations. This action 
would enhance the safety and management of aircraft operations in the 
Northern Mariana Islands.
    Class E airspace designations are published in paragraph 6000 of 
FAA Order 7400.9S, signed October 3, 2008, and effective October 31, 
2008, which is incorporated by reference in 14 CFR 71.1. The Class E 
airspace designation listed in this document will be published 
subsequently in this Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed regulation: (1) Is not a ``significant 
regulatory action'' under Executive Order 12866; (2) is not a 
``significant rule'' under Department of Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); 
and (3) does not warrant preparation of a regulatory evaluation as the 
anticipated impact is so minimal. Since this is a routine matter that 
will only affect air traffic procedures and air navigation, it is 
certified that this proposed rule, when promulgated, will not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it establishes controlled airspace at Guam and Saipan Islands.

ICAO Considerations

    As part of this proposal relates to navigable airspace outside the 
United States, this notice is submitted in accordance with the 
International Civil Aviation Organization (ICAO) International 
Standards and Recommended Practices. Applicability of International 
Standards and Recommended Practices by the Air Traffic Rules and 
Procedures Service, FAA, in areas outside domestic airspace of the 
United States is governed by Article 12 of, and Annex 11 to, the 
Convention on International Civil Aviation, which pertains to the 
establishment of air navigational facilities and services necessary to 
promote the safe, orderly, and expeditious flow of civil air traffic. 
Their purpose is to ensure that civil aircraft operations on 
international air routes are carried out under uniform conditions 
designed to improve the safety and efficiency of air operations.
    The International Standards and Recommended Practices in Annex 11 
apply in those parts of the airspace under the jurisdiction of a 
contracting state, derived from ICAO, wherein air traffic services are 
provided and also whenever a contracting state accepts the 
responsibility of providing air traffic services over high seas or in 
airspace of undetermined sovereignty. A contracting state accepting 
such responsibility may apply the International Standards and 
Recommended Practices in a manner consistent with that adopted for 
airspace under its domestic jurisdiction.

[[Page 75013]]

    In accordance with Article 3 of the Convention on International 
Civil Aviation, Chicago, 1944, state aircraft are exempt from the 
provisions of Annex 11 and its Standards and Recommended Practices. As 
a contracting state, the United States agreed by Article 3(d) that its 
state aircraft will be operated in international airspace with due 
regard for the safety of civil aircraft.
    Since this action involves, in part, the designation of navigable 
airspace outside the United States, the Administrator is consulting 
with the Secretary of State and the Secretary of Defense in accordance 
with the provisions of Executive Order 10854.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, paragraph 311a Environmental Impacts: Polices 
and Procedures. This airspace action is not expected to cause any 
potentially significant environmental impacts, and no extraordinary 
circumstances exist that warrant preparation of an environmental 
assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p.389.


Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 
7400.9S, Airspace Designations and Reporting Points, signed October 3, 
2008, and effective October 31, 2008, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as an Extension to 
a Class D Surface Area.

* * * * *

AWP CQ E2 Saipan Island, CQ [Removed]

* * * * *

Paragraph 6004 Class E Airspace Areas Designated as Extensions to 
Surface Areas.

AWP CQ E4 Saipan Island, CQ [Amended]

Saipan International Airport, CQ
    (Lat. 15[deg]07[min]08[sec] N, Long. 145[deg]43[min]46[sec] E)
Saipan NDB
    (Lat. 15[deg]06[min]41[sec] N, Long. 145[deg]42[min]37[sec] E)

    That airspace extending upward from the surface within a 4.3 
mile radius of Saipan International Airport and within 3 miles north 
and 2-miles south of the Saipan NDB 248[deg] bearing, extending from 
the 4.3 mile radius to 8.5-miles southwest of the NDB and within 3 
miles each side of the Saipan NDB 068[deg] bearing extending from 
the 4.3 mile radius to 9 miles northeast of the NDB.
* * * * *

AWP GU E4 Guam Island, Agana NAS, GU [Removed]

* * * * *

AWP GU E4 Guam International Airport, GU [New]

Tiyan, Guam International Airport, GU
    (Lat. 13[deg]29[min]02[sec] N, Long. 144[deg]47[min]50[sec] E)

Nimitz VORTAC
    (Lat. 13[deg]27[min]16[sec] N, Long. 144[deg]44[min]00[sec] E)

    That airspace extending upward from the surface within 2 miles 
each side of the Nimitz VORTAC 245[deg] radial, extending from the 
4.3 mile radius of Guam International Airport to 5 miles southwest 
of the Nimitz VORTAC.
* * * * *

AWP GU E4 Guam Island, GU [Removed]

* * * * *

AWP GU E4 Anderson AFB, GU [New]

Yigo, Andersen AFB, GU
    (Lat. 13[deg]35[min]02[sec] N, Long. 144[deg]55[min]48[sec] E)
Tiyan, Guam International Airport, GU
    (Lat. 13[deg]29[min]02[sec] N, Long. 144[deg]47[min]50[sec] E)

    That airspace extending upward from the surface within 3 miles 
each side of the 065[deg] bearing from Andersen AFB extending from 
the 4.3-mile radius of Andersen AFB to 8.5 miles northeast and that 
airspace within 2 miles north of and 3.5 miles south of the 245[deg] 
bearing from Andersen AFB, extending from the 4.3-mile radius of the 
airport to 7.5 miles southwest of Andersen AFB, excluding the Guam 
International Airport Class D airspace area.
* * * * *

Paragraph 6005 Class E Airspace Areas Designated Extending Upward 
from 700 feet or More Above the Surface of the Earth.

* * * * *

AWP GU E5 Guam Island, GU [Removed]

* * * * *

AWP NMI E5 Northern Mariana Islands, NMI [New]

Yigo, Andersen AFB, GU
    (Lat. 13[deg]35[min]02[sec] N, Long. 144[deg]55[min]48[sec] E)
Rota International Airport, CQ
    (Lat. 14[deg]10[min]28[sec] N, Long. 145[deg]14[min]28[sec] E)
Saipan International Airport, CQ
    (Lat. 15[deg]07[min]08[sec] N, Long. 145[deg]43[min]46[sec] E)
Tinian International Airport, CQ
    (Lat. 14[deg]59[min]57[sec] N, Long. 145[deg]37[min]10[sec] E)
Nimitz VORTAC
    (Lat. 13[deg]27[min]16[sec] N, Long. 144[deg]44[min]00[sec] E)
Saipan NDB
    (Lat. 15[deg]06[min]41[sec] N, Long. 145[deg]42[min]37[sec] E)

    That airspace extending upward from 700 feet above the surface 
within a 12 mile radius of Andersen AFB and within 12 miles each 
side of the 245[deg] bearing from Andersen AFB extending from the 
12-mile radius to 35 miles southwest of Andersen AFB and within an 8 
mile radius of Rota International Airport, and within a 12 mile 
radius of Saipan International Airport and within a 7 mile radius of 
Tinian International Airport. That airspace extending upward from 
1,200 feet above the surface within a 100-mile radius of the Nimitz 
VORTAC and within a 35 mile radius of the Saipan NDB, excluding the 
portion that coincides with W-517.
* * * * *

    Issued in Washington DC on November 25, 2008.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E8-29255 Filed 12-9-08; 8:45 am]
BILLING CODE 4910-13-P